8th Circuit Case Commentaries

Defining Qualified Immunity and Duty to Intervene in Excessive Force Cases: Krout v. Estate of Rylee

Date: Oct 7, 2009

Defining Qualified Immunity and Duty to Intervene in Excessive Force Cases: Krout v. Estate of Rylee Introduction The case of Sandy Krout v. Dually and as Administratrix of the Estate of Bobby Joe...

Affirmation of Arbitration Agreements in Consumer Contracts Under the Federal Arbitration Act: Cicle v. Chase Bank USA

Date: Oct 7, 2009

Affirmation of Arbitration Agreements in Consumer Contracts Under the Federal Arbitration Act: Cicle v. Chase Bank USA Introduction In Cicle v. Chase Bank USA, 583 F.3d 549 (8th Cir. 2009), the...

Use of Restraints on Pregnant Inmates During Labor: Eighth Amendment Implications

Date: Oct 3, 2009

Use of Restraints on Pregnant Inmates During Labor: Eighth Amendment Implications Introduction The case of Shawanna NELSON v. CORRECTIONAL Medical Services addresses the critical issue of whether the...

Affirmation of Summary Judgment in Cook v. City of Bella Villa: Standards for Excessive Force Claims

Date: Oct 3, 2009

Affirmation of Summary Judgment in Cook v. City of Bella Villa: Standards for Excessive Force Claims Introduction Cooks v. City of Bella Villa is a significant appellate decision from the United...

United States v. Stymiest: Clarifying Indian Status Determination under the Indian Major Crimes Act

Date: Sep 23, 2009

United States v. Stymiest: Clarifying Indian Status Determination under the Indian Major Crimes Act Introduction United States v. Matthew David Stymiest (581 F.3d 759, 8th Cir. 2009) is a pivotal...

Amendment 706's Inapplicability to Career Offenders under USSG §4B1.1: United States v. Collier

Date: Sep 22, 2009

Amendment 706's Inapplicability to Career Offenders under USSG §4B1.1: United States v. Collier Introduction In the landmark case of United States of America v. Robert E. Collier, 581 F.3d 755 (8th...

Establishing the Duty of FAA Flight Service Specialists in Weather Briefings: GLORVIGEN v. CIRRUS DESIGN CORPORATION

Date: Sep 17, 2009

Establishing the Duty of FAA Flight Service Specialists in Weather Briefings: GLORVIGEN v. CIRRUS DESIGN CORPORATION Introduction The case of Rick Glorvigen, as Trustee for the Next of Kin of...

Enforcement of Arbitration Clauses by Nonsignatories: The Donaldson Company v. Burroughs Diesel Decision

Date: Sep 17, 2009

Enforcement of Arbitration Clauses by Nonsignatories: The Donaldson Company v. Burroughs Diesel Decision Introduction The case of Donaldson Company, Inc. v. Burroughs Diesel, Inc., reported at 581...

Ke v. Williams: Section 301 Preemption in NFL Drug Policy Enforcement

Date: Sep 12, 2009

Ke v. Williams: Section 301 Preemption in NFL Drug Policy Enforcement Introduction The case Ke v. Williams (582 F.3d 863, United States Court of Appeals, Eighth Circuit, 2009) addresses significant...

Eighth Circuit Establishes Boundaries of RLUIPA and State Sovereign Immunity in Inmate Religious Rights Claims

Date: Sep 11, 2009

Eighth Circuit Establishes Boundaries of RLUIPA and State Sovereign Immunity in Inmate Religious Rights Claims Introduction In the landmark case of James Dean Van Wyhe v. Tim Reisch et al. (581 F.3d...

Reconciling Affirmative Action Policies and Title VII: Insights from Humphries v. Pulaski County Special School District

Date: Sep 4, 2009

Reconciling Affirmative Action Policies and Title VII: Insights from Humphries v. Pulaski County Special School District Introduction Humphries v. Pulaski County Special School District is a pivotal...

Eighth Circuit Reinforces Weight of Treating Physician’s Opinion in Disability Claims

Date: Sep 2, 2009

Eighth Circuit Reinforces Weight of Treating Physician’s Opinion in Disability Claims Introduction The case of Jill Tilley v. Michael J. Astrue, Commissioner of Social Security Administration...

Eighth Circuit Affirms Enhanced PSLRA Pleading Requirements for Securities Fraud Litigation in In re 2007 Novastar Financial Inc.

Date: Sep 2, 2009

Eighth Circuit Affirms Enhanced PSLRA Pleading Requirements for Securities Fraud Litigation in In re 2007 Novastar Financial Inc. Introduction The case of In re 2007 Novastar Financial Inc.,...

Strict Adherence to Prescribed Treatment as a Prerequisite for Disability Benefits: Brace v. Astrue

Date: Aug 28, 2009

Strict Adherence to Prescribed Treatment as a Prerequisite for Disability Benefits: Brace v. Astrue Introduction The case of Larry A. Brace v. Michael J. Astrue, decided by the United States Court of...

Eighth Circuit Upholds SSA Disability Denial: Balancing Treating Physicians' Opinions with Substantial Evidence

Date: Aug 28, 2009

Eighth Circuit Upholds SSA Disability Denial: Balancing Treating Physicians' Opinions with Substantial Evidence Introduction The case Rena L. Heino v. Michael J. Astrue involves an appeal by Rena L....

Affirmation of SSA's Discretion in Evaluating Treating Physicians' Opinions: Veales Davidson v. Astrue

Date: Aug 28, 2009

Affirmation of SSA's Discretion in Evaluating Treating Physicians' Opinions: Veales Davidson v. Astrue Introduction The case of Veales Davidson v. Michael J. Astrue, Commissioner of Social Security...

Strict Adherence to Filing Deadlines: The Hutson v. Wells Dairy Decision

Date: Aug 28, 2009

Strict Adherence to Filing Deadlines: The Hutson v. Wells Dairy Decision Introduction Maureen A. Hutson v. Wells Dairy, Inc. is a pivotal case decided by the United States Court of Appeals for the...

Limitations on Overcoming Procedural Defaults in Federal Habeas Review: Wooten v. Norris

Date: Aug 27, 2009

Limitations on Overcoming Procedural Defaults in Federal Habeas Review: Wooten v. Norris Introduction Jimmy Don Wooten, a death-row inmate in Arkansas, appealed the denial of his federal habeas...

Substantial Evidence Affirming ALJ's Decision in Medhaug v. Commissioner of Social Security

Date: Aug 27, 2009

Substantial Evidence Affirming ALJ's Decision in Medhaug v. Commissioner of Social Security Introduction The case of Scott A. Medhaug versus Michael J. Astrue, Commissioner of Social Security,...

Eighth Circuit Expands Integrated Enterprise Test for Employer Liability in ABM Industries v. Sandoval et al.

Date: Aug 27, 2009

Eighth Circuit Expands Integrated Enterprise Test for Employer Liability in ABM Industries v. Sandoval et al. Introduction In the landmark case Francisca Sandoval et al. v. ABM Industries, Inc., the...